International Trade

  • October 29, 2014

    Apotex Wants Sanctions In Generic-Lipitor Labeling Suit

    Drug manufacturer Apotex Corp. on Wednesday slammed a consumer’s suit that accused it of selling generic versions of Lipitor imported from India without proper labeling, saying the drugs were actually made in Canada and seeking sanctions in California federal court for the allegedly frivolous complaint.  

  • October 29, 2014

    Sazerac Recalls Whiskey In Scandinavia Over Flavor Chemical

    Sazerac Co. is recalling batches of its Fireball Cinnamon Whiskey product from Sweden, Norway and Finland, saying Tuesday that it mistakenly shipped them batches that were meant for the U.S. and contained higher levels of the flavoring chemical propylene glycol than European limits allow.

  • October 29, 2014

    Lands' End The Latest Retailer To Face 'Made In USA' Suit

    Clothing retailer Lands' End Inc. on Wednesday became the latest merchant to be hit with a proposed class action accusing the company of labeling foreign-made apparel as produced in the U.S., a tactic that a California consumer alleges has allowed the business to sell items at a higher price.

  • October 29, 2014

    Commerce Must Use Consistent Valuation Method, CIT Says

    The U.S. Court of International Trade on Wednesday ordered the U.S. Department of Commerce to reconsider its valuation method for a piece of land the government of Turkey gifted to a steel company, upon which a countervailing duty determination was made.

  • October 29, 2014

    Dairy Producers Want Japan Import Program Axed In TPP

    As U.S. negotiators race to knock down Japanese tariffs on valuable food items such as beef, pork and rice, domestic dairy producers on Tuesday stepped up their efforts to dismantle Tokyo's import management system, which they said propped up additional restrictions to foreign competition.

  • October 29, 2014

    ITC Begins 2nd Indian Trade Probe To Account For New PM

    The U.S. International Trade Commission on Tuesday launched its second investigation of India's trade and investment regime in just over a year, with the latest probe aimed at scrutinizing policy developments since the new Indian prime minister assumed power earlier this year.

  • October 29, 2014

    ITC Accepts Bose, Monster Earbud IP Settlement

    A U.S. International Trade Commission judge on Tuesday ended the investigation into whether Monster Inc. was importing earbud headphones that infringed Bose Corp.’s patents for a device that keeps earpieces inside a user’s ear, after determining their settlement was in the public interest.

  • October 29, 2014

    Industry Groups Not Sweet On US-Mexico Sugar Settlement

    The fallout from this week's blockbuster settlement of the ongoing trade battle between the U.S. and Mexico over sugar duties continued Tuesday as U.S. sugar producers welcomed the deal, while food and beverage manufacturers worried that the agreement could increase market uncertainty and drive up prices.

  • October 28, 2014

    China Faces $246K-Per-Day Sanctions In Gun Discovery Row

    China may be ordered to pay $246,500 per day in contempt sanctions for failing to respond to a couple's attempt to collect on a $9.8 million default judgment handed down in 1996, after a Chinese-made rifle killed their son, according to a D.C. federal court's Tuesday decision. 

  • October 28, 2014

    Apple Fights Revealing Source Code In ITC Import Probe

    In a U.S. International Trade Commission filing made public on Tuesday, Apple Inc. fought back against a patent holding company’s bid to allow its experts access to thousands of confidential documents describing technical details of nearly every consumer hardware device Apple sells.

  • October 28, 2014

    NML, Argentina Fight Over Energy Co. Subpoenas

    NML Capital Ltd. and the Republic of Argentina on Friday submitted competing briefs to a Texas federal court, with NML seeking to compel energy company documents related to its effort to collect on $2.5 billion in claims against the country, and Argentina seeking to quash those subpoenas.

  • October 28, 2014

    Nordstrom Can't Duck Suit Over ‘Made In USA’ Jean Labels

    A California federal judge on Monday wouldn’t let Nordstrom Inc. and a luxury denim manufacturer escape a proposed class action accusing them of falsely marketing jeans as “Made in the USA” when they actually contain foreign parts, finding that the suit’s claims weren’t preempted by federal law.

  • October 28, 2014

    OECD Told To Keep Arm's Length Rule In Developing Nations

    Comments published on Tuesday by the Organization for Economic Cooperation and Development in response to the group's paper on transfer pricing in developing countries said that the arm’s length standard should be preserved to avoid double taxation and tax authorities should avoid using so-called secret comparables.

  • October 28, 2014

    Lawmaker Urges TPP Transparency And Patience

    House Ways and Means Committee Ranking Member Sander Levin, D-Mich., on Monday expressed his concern about the current status of the Trans-Pacific Partnership talks in Australia after observing them over the weekend, calling for more transparency in negotations and an increased focus on its details.

  • October 27, 2014

    BNY Doesn't Have To Turn Over $539M To Argentina Creditors

    A New York federal judge on Monday refused to allow a group of creditors to tap into $539 million in Argentina bond payments, held by Bank of New York Mellon Corp., to satisfy money judgments against the country, ruling they can’t do so because the funds are located outside the U.S.

  • October 27, 2014

    US, Mexico Strike Deals To Call Off Sugar Trade Fight

    The U.S. Department of Commerce has reached a pair of initial agreements to halt a closely watched trade fight over Mexican sugar imports that will set up mechanisms to ensure that the products are not damaging the interests of U.S. producers, the agency announced late Monday.

  • October 27, 2014

    LA Crawfish Processors To Be Paid $19M By CBP

    U.S. Customs and Border Protection announced on Friday that it would begin paying $19 million in delinquent duties collected from Chinese processors to Louisiana crawfish manufacturers, starting in November.

  • October 27, 2014

    Bryan Cave Adds Ex-Simpson Thacher Int'l Arbitration Pro

    Bryan Cave LLP has expanded its international arbitration team in New York with the addition of a former Simpson Thacher & Bartlett LLP international litigation and arbitration specialist, the firm said Monday.

  • October 27, 2014

    Layne Christensen Pays $5M To Settle FCPA Probe

    Layne Christensen Co. on Friday agreed to pay over $5 million to settle charges of bribery, false record keeping and inadequate internal controls brought by the U.S. Securities and Exchange Commission against the global water management, construction and drilling company for its payments to African officials.

  • October 27, 2014

    US Starts CAFTA Labor Review As Pols Call For Scrutiny

    The Obama administration on Monday began the process of collecting input from stakeholders on the implementation of the labor rights chapter of the Central American Free Trade Agreement, a move that closely coincided with U.S. lawmakers' efforts to address gender-based workplace violence around the globe.

Expert Analysis

  • How Russian Sanctions Impact Energy And Financial Cos.

    The U.S. Treasury and European Union have continued to expand the scope of economic sanctions in response to Russian activities and the political unrest in Ukraine. In this brief video, Sutherland Asbill & Brennan partner Mark Herlach discusses recent key developments and what the latest round of sanctions mean for energy and financial services companies.

  • When Foreign Toys Are Toxic: How Importers Should Respond

    Allison M. Brown

    The size of the verdict as well as the evidentiary rulings sanctioned by the appellate court in Aleo v. SLB Toys USA Inc. reveal the difficulty of defending a case involving allegations of noncompliant foreign-made products, says Allison Brown of Weil Gotshal & Manges LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • FCPA Risks Abound For PE Firms And Their Insurers

    Elan Kandel

    The government’s Foreign Corrupt Practices Act claim against Alcoa Inc. should raise red flags for private equity firms since many of the indicia of agency noted are often components of the traditional private equity investment model. Although no firm has been subjected to parent-subsidiary liability for a portfolio company’s conduct, it is likely only a matter of time, says Elan Kandel of Cozen O'Connor.

  • How Esquenazi Will Play Out In Emerging Economies

    Jim Dowden

    Given the U.S. Supreme Court’s denial of a writ of certiorari in United States v. Esquenazi, it is important to digest the import of the Eleventh Circuit’s opinion and how it will play out in emerging economies. Companies with operations in these markets are at the mercy of a number of factors that weigh heavily in favor of state-owned entities qualifying as “instrumentalities,” say Jim Dowden and Samad Pardesi of Ropes & Gray LLP.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • New Restrictions On Int'l Trade In Genetic Resources

    Bruce Manheim

    Although the U.S. has not signed or ratified the Nagoya Protocol, U.S. companies that utilize genetic resources from other countries for scientific research or commercial purposes will be subjected to these new requirements and restrictions. With many countries already vigorously enforcing such restrictions, the consequences of not fully complying may be draconian, says Bruce Manheim of WilmerHale.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • WTO Problems Won't Stop Trade Facilitation

    Evelyn Suarez

    There is a great deal of discussion about what the World Trade Organization’s failure to implement the trade facilitation agreement means for the WTO, but what does it mean for trade facilitation? Probably not all that much, says Evelyn Suarez of The Suarez Firm.